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EATMAN LEASING, INC. v. EMPIRE FIRE & MARINE INS. CO.

No. 525P01.

570 S.E.2d 503 (2002)

356 N.C. 298

EATMAN LEASING, INC. and Russell O. Leitch, Sr. Plaintiff Appellees v. EMPIRE FIRE & MARINE INSURANCE COMPANY, Defendant Appellant and Douglas W. Shipley, Defendant Appellee.

Supreme Court of North Carolina.

October 3, 2002.

Attorney(s) appearing for the Case

Elizabeth A. Heath, Kinston, for Empire Fire & Marine Ins.

W. Robert Cherry, Jr., Wilmington, Theodore B. Smyth, Raleigh, for Douglas W. Shipley.

Randall R. Adams, Rocky Mount, for Eatman Leasing, Inc.

Prior report: 145 N.C. App. 278, 550 S.E.2d 271.

ORDER

Upon consideration of the petition filed by Defendant (Empire Fire & Marine Insurance Company) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference...

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